CHAPTER 402

AN ACT TO AMEND CHAPTERS 13, 17 AND 21, TITLE 14, DELAWARE CODE, RELATING TO EDUCATION.

Be it enacted by the General Assembly of the State of Delaware:

Section 1. Section 1303, Title 14, Delaware Code, is hereby stricken in its entirety and the following new Section 1303 substituted in lieu thereof:

§ 1303. State supported uniform salary schedules and classifications

The Salary schedules and classifications set forth in this chapter shall be permanent State supported uniform salary schedules and classifications which shall govern, subject to the provisions of Section 1304 of this title and Chapter 17 of this title, the amounts of the salaries that shall be paid in each district, the State Board of Education, and the State Board of Vocational Education to the employees covered by the schedules.

Section 2. Section 1304, Title 14, Delaware Code, is hereby stricken in its entirety and the following new Section 1304 substituted in lieu thereof:

§ 1304. Salaries in excess of State supported uniform salary schedules

(a) Nothing contained in this chapter shall prevent any Board of Education or Board of School Trustees from paying an additional amount of salary to any employee, if the additional amount is supplied by other funds than those supplied by State appropriation except as provided for in subsection (b) of this section.

(b) Those whose salary is paid in whole or in part from subsections 1305 (a) and (b) of this Chapter may be paid an additional supplementary salary from State appropriation for Division III "Equalization" as defined in this Title provided it is a uniform salary schedule based on training and experience and that such supplementary schedule has been filed by the school district with the State Board of Education and the State Budget Director by September 30 of each fiscal year.

(c) Each school district shall also have on file with the State Board of Education and the State Budget Director any salary schedules paid from other than State funds for any school employee by September 30 of each fiscal year.

Section 3. Section 1702, Title 14, Delaware Code, is amended by striking the word "two" as it appears in the second line before the word divisions and inserting in lieu thereof the word "three" and further amend Section 1702, Title 14, Delaware Code, by striking the period at the end of said section and adding the following:

"; Division III, the State Board of Education shall recommend to the Budget Director the amount which shall be appropriated to each school district for the purposes of Equalization on a Unit Basis and shall make available to the Budget Director all data on which such recommended amounts are based. The Budget Director shall establish the amount which shall be recommended to the Legislature for appropriations to each school district on a Unit Basis (for the purpose of equalization).

Section 4. Section 1705, Title 14, Delaware Code, is hereby stricken in its entirety and the following new Section 1705 substituted in lieu thereof:

(a) The funds appropriated to each school district for salaries included in Division I shall be determined in accordance with State supported salary schedules. No State funds except as provided for in subsection (b) of this section shall be appropriated to any school district to provide salaries for teachers in excess of one teacher for each unit of pupils in such school district. No State funds from Division I shall be appropriated to any school district to provide salaries for more teachers than shall actually be employed in such school district.

(b) Any school district may employ additional teachers out o..2 State funds appropriated in Division III "Equalization" provided the district complies with Section 1304, of this Title.

Section 5. Section 1707, Title 14, Delaware Code, is amended by inserting after the words "Division II" the words "and Division III" in both places as the same appear in said paragraph.

Section 6. Section 1707 (a), Title 14, Delaware Code, is amended by adding a new sub-section to read as follows:

(3) The State Board of Education shall recommend to the Budget Director the amount which shall be appropriated for each unit in the one, two, three teacher schools and shall make available to the Budget Director all data on which such recommended amounts are based. The Budget Director shall establish the amount which shall be recommended to the Legislature for appropriation to each unit (for the purpose of equalization).

Section 7. Section 1708 (a), Title 14, Delaware Code, is hereby amended by adding at the end thereof:

Division III. Equalization

Total Division 1, Division II and Division III

Section 8. Section 1709, Title 14, Delaware Code, is amended by adding a new sentence to the end thereto to read as follows:

But nothing contained herein shall prohibit the transfer of Division III funds to Division I to comply with Sections 1304, 1705 and 1712 of this Title or Division II.

Section 9. Section 1712, Title 14, Delaware Code, is hereby stricken in its entirety and the following new Section 1712 substituted in lieu thereof:

§ 1712. Salaries in excess of State supported uniform salary schedules

(a) Nothing contained in this chapter shall prevent any Board of Education or Board of School Trustees from paying an additional amount of salary to any employee, if the additional amount is supplied by other funds than those supplied by State appropriation except as provided for in subsection (b) of this section.

(b) Those whose salary is paid in whole or in part from subsections 1305 (a) and (b) of this Chapter may be paid an additional supplementary salary from State appropriation for Division III "Equalization" as defined in this Title provided it is a uniform salary schedule based on training and experience and that such supplementary schedule has been filed by the school district with the State Board of Education and the State Budget Director by September 30 of each fiscal year.

(c) Each school district shall also have on file with the State Board of Education and the State Budget Director any salary schedules paid from other than State funds for any school employee by September 30 of each fiscal year.

Section 10. Chapter 17, Title 14, Delaware Code, is amended by adding thereto a Section 1718 to read as follows:

§ 1718. Definition of Terms

(a) "Unit" shall mean unit as defined in Section 1703 of this Chapter.

(b) "Division III" shall mean equalization funds as provided under Section 1708 of this Chapter.

(c) "Full Valuation" shall be the assessed valuation of the taxable property adjusted for the difference in ratio of assessed to true valuation in each of the three counties for the current fiscal year.

(d) "Assessed Valuation" shall be the value established by the legally constituted authority as the basis of real property taxation in each of the three counties for the current fiscal year.

(e) "District Ability" of each school district shall be determined by dividing the full valuation of the real taxable property by the number of units of pupils in the public schools of the district as of September 30 of the current fiscal year.

(f) "State Average Ability" shall mean the total full valuation of all taxable property according to the county assessment board figures divided by the total number of units in the public schools of the State as determined by the Department of Public Instruction as of September 30 of the current fiscal year.

Section 11. Section 1719, Title 14, Delaware Code, is hereby stricken in its entirety and the following new Section 1719 substituted in lieu thereof:

§ 1719. Determination of School Budgets

(a) For the school year ending June 30, 1966, and in each school year, thereafter, every school district providing funds from local taxation for current expenses in excess of the basic State appropriations receivable under the provisions of Section 1701 through Section 1710 of this Chapter and other sections of the law shall be eligible for additional financial support from State funds on an equalized basis.

(b) To be eligible for additional financial support, each school district, except for those districts having no taxing system as provided for in Section 1720 of this Title, must provide funds for current expenses as described in subsection (a) of this Section and must have approval of such a tax through a local referendum, except for the Board of Education in Wilmington.

() The State Board of Education shall recommend annually the amount to be appropriated on an equalized basis for each unit to the State Budget Director.

§ 1720. Equalization of Financial Support

(a) The funds budgeted for current expenses under the provisions of Section 1719 of this Chapter shall be shared by the State and the school districts in such a way as to equalize the financial burden of the school districts. The percentage to be provided by the State shall be determined by application of the following formula:

1.00 minus 1/2 (Local district ability per unit)

(State average ability per unit)

(1.00 less one-half the local district ability divided by the State average ability per unit)

provided that the State's share shall in no case be less than 20 percent (20%) nor more than 80 percent (80%).

Those districts having no taxing system shall receive no less than 80 percent (80%) from the State. Districts operating a vocational school shall receive the maximum 80 percent (80%) from the State for each vocational unit.

Section 13. Chapter 17, Title 14, Delaware Code, is amended by adding thereto a new Section 1721 to read as follows:

§ 1721. Determination of the relative ability of each school- district

The State Superintendent of Public Instruction shall make an annual determination of the relative ability of each school district as defined in Section 1718 (b), Chapter 17 of this Title for the purpose of equalization of State aid to the various school districts. Thereupon, the State Board of Education shall verify the findings of the State Superintendent of Public Instruction and verify the funds required to implement this act to the Budget Director. The Budget Director shall recommend to the Legislature the amount that should be appropriated for the purpose of Equalization to each school district.

Approved December 2, 1964.

RESOLUTIONS